Nature and Its Elements as Objects of Civil, Ecological and Energy Law

Unlike civil and energy law, the objects of ecological law can be the nature and its components in general (land, subsoil, water, air, wildlife, etc.), in particular, in governmental and environmental (on the nature protection in general) legal relations on the state regulation. In this regard, their use in the Civil Code of the Russian Federation, including in the titles and provisions of a number of articles, is not justified. At the same time, different parts of nature that have spatial-territorial or other conditional boundaries (limits) and can be separated (legally defined) from its other adjacent parts due to their identification features (a land plot, forest plot, water area, subsoil plot, individual animal, etc.), are not only objects of ecological, but also civil and energy law in property relations arising in relation to such objects and usually related to the use of a part of the nature within established boundaries. As a general rule, such relations are subject to regulation by civil legislation in the sphere of property transactions, as well as energy legislation, if necessary, unless otherwise expressly provided for by environmental legislation.

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Publication Details

Journal
Juridical Science and Practice
Published
2025-05-08
DOI
https://doi.org/10.25205/2542-0410-2025-21-1-5-13
Primary Topic
Global Energy Security and Policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Nature and Its Elements as Objects of Civil, Ecological and Energy Law

Valeriy Lisitsa
Juridical Science and Practice
Global Energy Security and Policy
article

Nature and Its Elements as Objects of Civil, Ecological and Energy Law

Valeriy Lisitsa
article en

Abstract

Unlike civil and energy law, the objects of ecological law can be the nature and its components in general (land, subsoil, water, air, wildlife, etc.), in particular, in governmental and environmental (on the nature protection in general) legal relations on the state regulation. In this regard, their use in the Civil Code of the Russian Federation, including in the titles and provisions of a number of articles, is not justified. At the same time, different parts of nature that have spatial-territorial or other conditional boundaries (limits) and can be separated (legally defined) from its other adjacent parts due to their identification features (a land plot, forest plot, water area, subsoil plot, individual animal, etc.), are not only objects of ecological, but also civil and energy law in property relations arising in relation to such objects and usually related to the use of a part of the nature within established boundaries. As a general rule, such relations are subject to regulation by civil legislation in the sphere of property transactions, as well as energy legislation, if necessary, unless otherwise expressly provided for by environmental legislation.

Juridical Science and PracticeVol. 21(1)
Institute of State and Law (RU)
Openalex Percentile: Top 86%
Global Energy Security and Policy
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